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Social Security (Scotland) Act 2018

The duty to give assistance

35.A duty is placed on the Scottish Ministers, by section 24, to give a person whatever assistance of a kind described in Chapter 2 of Part 2 the person is entitled to. Entitlement to assistance under section 24 flows from a determination of entitlement. The ways in which a determination of entitlement may be made are set out in section 25.

36.Section 26 allows an individual to request that a determination of their entitlement be cancelled. There may be situations where it is to an individual’s disadvantage to receive assistance, for example because entitlement to one form of assistance prevents the person from receiving another form.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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